Nature of Case: Determination of priority to proceeds following the judicial sale of an encumbered property.
Property: Residential condominium unit in Red Deer owned by the defendant, Norhel Moreno Conejero.
Mortgage Default: Defendant defaulted on the mortgage registered to Scotia Mortgage Corporation.
Legal Proceedings:
Foreclosure: Foreclosure proceedings resulted in an Order Confirming Sale and Vesting Title on October 31, 2023.
Caveats: Three caveats registered by Condominium Corporation 9720481, focusing on one registered on May 27, 2023, for unpaid contributions (condo fees) since May 2018.
Main Legal Issue:
Dispute: Whether the Condominium Corporation can maintain the registration of the May Caveat despite certain contributions being limitation-barred.
Legal Analysis:
Case References:
Shui Ming Case: Similar issue where the court allowed the condominium corporation to maintain the caveat despite statute-barred claims.
Condo Corp 022 Case: Justice Arcand-Kootenay's decision countered Shui Ming, holding that a caveat cannot preserve an otherwise statute-barred action.
Court Decision:
Decision: The court followed Justice Arcand-Kootenay's reasoning in Condo Corp 022, ruling that the Condo Corp could not maintain the May Caveat. The caveat was ordered to be discharged from the title.
Costs: No costs awarded due to both parties seeking court clarification.
Conclusion:
Outcome: The May Caveat by Condominium Corporation 9720481 was discharged, clarifying that limitation-barred claims cannot be maintained through caveat registration. No costs or damages awarded by the court.
